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HomeMy WebLinkAbout74-69 Enacting a Permit Ordinancet' ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROVIDING FOR AND ENACTING A PERMIT ORDINANCE FOR THE CITY OF COSTA MESA; CONSOLIDAT- ING ALL PERMIT REQUIREMENTS IN THE COSTA MESA MUNICIPAL CODE UNDER TITLE 9; REPEALING CERTAIN SECTIONS IN CONFLICT THEREWITH; AND SETTING FORTH REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: The City Council of the City of Costa Mesa hereby finds and declares that sections of the Costa Mesa Municipal Code relating to revenue raising and sections of the Code relating to regulation are interspersed and intermixed throughout the Costa Mesa Municipal Code. The City Council of the City of Costa Mesa further finds and declares that because of the aforesaid condition confusion exists and ready reference to revenue raising and regula- tory sections has been unreasonably hindered. The City Council further finds and declares that in the interest of economy, time- saving and efficiency, procedures must be changed to streamline enforcement of Title 9 of the Costa Mesa Municipal Code by delegat- ing certain of the duties set forth therein to the staff of the City Council of the City of Costa Mesa. The City Council further finds and declares that cultural changes within our society, advanced technology affecting the relationship between the citizens within the City of Costa Mesa, and environmental considerations require that regulation in new areas be provided for the protection of the health, safety and welfare of the community. The City Council further finds and declares that the misdemeanor enforcement of regulations as opposed to the civil claim for revenue raising sections will be more easily administered by the adoption of this ordinance. Accordingly, there is herewith adopted Chapter IV, Title 9 of the Costa Mesa Municipal Code which shall read as follows: IV SECTION II SECTION 9-114: Permit Required for Certain Businesses. Ir_ addition to the payment of any business tax as provided for in this Chapter, certain businesses, professions, trades or occupations as set forth in the Article shall first obtain, as provided in this Article, a permit to operate said business, profession, trade or occupation within the City of Costa Mesa. No person shall operate a business, profession, trade or occupation as hereinafter set forth without first obtaining a permit to do so. The Director of Finance or his authorized deputy shall not issue a Business Tax Registration Certificate or accept a business tax peyment from any person to conduct a business, profession, trade or occupation as herinafter set forth unless said person has in his existence a valid and unexpired permit to perform said business, profession, trade and/or occupation. SECTION 9-115: Other Businesses Not Enumerated. It is the intention of this Article to provide a special permit procedure for those businesses enumerated in this Article. The omission to enumerate other businesses and activities covered in other sections of this Code requiring permits or subject to franchise shall not be deemed or construed as an intention upon the part of the City Council to relieve said businesses or occupations from the permit procedure or franchise procedure under which they may be governed by other sections of this Code or State Law. SECTION 9-116: Issuing Officer. Issuing Officer shall mean the City Council of Costa Mesa, or the Director of Finance, or the Fire Chief, or the Chief of Police. SECTION 9-117: Permit Procedure. Said Issuing Officer shall formulate all necessary rules and regulations governing the application and investigation for such permit. SECTION 9-118: Granting or Refusal of Permit. Said Issuing Officer shall have the power to grant or deny a permit. Except as otherwise provided in this Chapter, all special permits required by 2 - this Chapter shall be issued by the Issuing Officer wherein any pertinent evidence shall be received and considered by the Issuing Officer in determining, in accordance with the following principles, whether such a permit should be granted or denied. Upon receipt of an application for a permit under this Chapter, the same shall be referred by the Director of Finance to the appropriate agencies for investigation and report pertaining to relevant zoning, building, health, safety, fire law enforcement and other factors and upon receipt of said reports, the matter shall be reviewed by the Issuing Officer. At this time, the Issuing Officer shall consider and review all reports and any relevant material evidence. If a permit be denied, the permit fee shall not be refunded. The Issuing Officer, or the City Council, as the case may be, shall have the right to refuse to grant any permit if it determines. that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, or welfare of the City or its inhabitants. In addition, no permit shall be granted if: (a) The granting of the permit would result in the establish- ment -of the use or occupancy of land in violation of the Zoning Ordin- ance or Zoning Law or Zoning Map of the City; (b) The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code; (c) The granting of the permit would be contrary to any other standards or provisions of this Chapter applicable thereto; (d) The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance; (e) The granting of the permit by reason of special or unusual circumstances would be detrimental to the public interest or endanger the public health, safety, or welfare; (f) The applicant therefor is a person unfit to be trusted with the privileges granted by such a permit and it is in the public interest that he not be granted such a permit; 3 - (g) The applicant therefor has knowingly made a false statement on a material matter in his application or in his testimony before the Issuing Officer or City Council and it is therefore, in the public interest that he not be granted such a permit. In granting any such permit, the Issuing Officer or City Council as the case may be, may in the application of the aforementioned standards and principles, and in order to protect the public peace, health, safety, and welfare impose reasonable conditions or regulations pertaining to the conducting of such business or the occupancy or use of any land or Yuilding in connection therewith in addition to, but not limited thereby, those regulations contained in this Article where necessary, in order to protect the public health, safety, peace, and welfare. SECTION 9-119: Revocation or Suspension of Permits. Any permit issued under the Business Tax Ordinance may be revoked or suspended in the following instances: (a) Where said Issuing Officer has found and determined that the preservation of the public health, safety, peace and welfare demand revocation of said Business Tax Registration Certificate or permit. (b) Where the applicant or permittee has violated any provisions of the Business Tax Ordinance or any other provisions of the Costa Mesa Municipal Code, or any other provision of law. (c) Where a permit or Business Tax Registration Certificate has been granted on false or fraudulent evidence, testimony, or application. (d) Where the applicant or permittee has violated the terms and provisions of said Business Tax Registration Certificate or permit. Exception. Notwithstanding the foregoing or any other pro- vision of this Chapter to the contrary, licenses issued to chiropractors, laboratory technicians, dentists, medical doctors, opticians, physical therapists, nurses, psychologists, pharmacists, veterinarians, account- ants, advertising, architects, landscape architects, building designers, attorneys, barbers, engineers, collection agencies, contractors, cosmet- ologists, private detectives, funeral directors, shorthand reporters,, structural pest control operations, land surveyors, ship brokers, cleaners - 4 - and dyers, electronic repair dealers, real estate agents and brokers, marriage counselors, auto dealers, boxers and wrestlers, furniture and bedding dealers and manufacturers, manufacturers of paints, petro- leum activities, dealers in secondhand goods, or any other business, profession or trade where the determination of issuance or revocation of the right of any person to engage in such business, profession, or trade is vested in a State Board or Agency, shall be issued upon filing the requisite application and payment of the requisite fees and shall not be subject to revocation or suspension except any such Business Tax Registration Certificate may be revoked for non-payment of fees or upon revocation of the State Board or Agency License. SECTION 9-120: Permittee Entitled to Hearing Prior to Revocation. No Business Tax Registration Certificate or permit shall be revoked or suspended until said permittee has had a public hearing before the Issuing Officer and has had an opportunity either personally or by counsel or by both to defend himself and present evidence on his behalf. Such public hearing shall be proceeded by reasonable notice as provided in these rules and regulations. Notwithstanding the fore- going, the Director of Finance may suspend pending such a hearing, any Business Tax Registration Certificate or permit where it has been deter - minted that: (a.) Upon the recommendation of the Law Enforcement Agency or upon the recommendation of the City Council that an immediate sus- pension of the Business Tax Registration Certificate is necessary for the protection of the public health, safety, peace and welfare. (b) In the event of such a suspension, the Director of Finance shall, within twelve (12) hours after said suspension, cause to be served upon said business or permittee a written statement containing the grounds for said suspension and a Notice of Hearing to Show Cause before the Issuing Officer why said permit should not be permanently revoked, which said Hearing shall be held no later than five (5) days following the service of said Notice. SECTION 9-121: Appeal From the Decision of the Issuing Officer. Appeals from Decision, herein shall be made in accordance 5 - with Section 2-300 through and including Section 2-308 of the Costa Mesa Municipal Code. SECTION 9-122: Permit Fee. Unless otherwise stated in this Chapter, the fee for filing an application for a permit pursuant to this Article shall be Fifteen Dollars ($15.00) payable in advance. Permit Fee is non-refundable except when paid in duplicate or erro- neously collected, and is in addition to any business tax which may be required of the permittee. SECTION 9-123: Non -Transferability. No permit issued under this Article shall be transferable except by the consent of the City Council, or the Issuing Officer, as the case may be. SECTION 9-124: Permit Duration. Each and every permit issued under the provisions of this Chapter shall be valid until revoked by the City Council or until the permittee is no longer conducting business within the City of Costa Mesa. SECTION 9-125: Businesses, Professions, Trades and Occupations Requiring a Permit Under the Provisions of this Article: (a) Advertising by means of banners, benches, handbills, signs attached to real property other than billboards, sound trucks or vehicles with mechanical sound amplifiers attached thereto; (b) Ambulance Service; (c) Amusement Games, Rides or Similar Devices; (d) Auction Sales/Closeout Sales and Other Advertised Sales conveying to the public that the business is ceasing its oper- ation; (e) Auto Wrecking, Disassembling and Dismantling Business; (f) Carnival, Circus or Circus Parade; (g) Christmas Tree Lots; (h) Dances, Dance Hall; (i) Entertainment (Concerts, Contests, Exhibitions, Per- formances, Shows or Similar Activities including Public Dancing); (j) House Number Painter; (k) Itinerant Merchant; (1) Junk Collector/Dealer; (m) Massage Parlor, Masseur, Masseuse; (n) Pawn Brokers;, - (0) Peddler, Retail, Door -to -Door; (P) Safe and Sane Fireworks Sales; (q) Solicitors for Charitable Purposes; (r) Solicitors, Door -to -Door; (s) Swap Meet; (t) Taxicab Operators and Taxicab Drivers; SECTION 9-126: Modification of Permits. Any permit may be modified or the terms and provisions of any permit modified, amended or changed upon application and review before the Issuing Officer. Such application for a modification shall be processed in the same manner as the original application and shall be subject to the payment of fees and all the terms and provisions herein imposed in this Article with respect to the processing of the original application. SECTION 9-127: Businesses Requiring City Council Permits. (a) Advertising by Sound Trucks; Advertising by Street Banners or Signs on others than permanent billboards; Dancing; (b) Ambulance Service; (c) Auto Wrecking, Disassembling and Dismantling Business; (d) Carnivals, Circuses, Circus Parades; (e) Dances, Dance Halls; (f) Entertainment; (1) Concerts (2) Contests (3) Exhibitions (4) Performances (5) Shows and Similar Activities including Public (g) Taxicab Operators; _ (11) Solicitors for Charitable Purposes; W Swap Meet; SECTION 9-128: Business Where the Director of Finance May Issue Permits in Case of No Objection. The Director of Finance may issue permits for the hereinafter -named businesses without submission to the City Council when he has obtained the necessary clearance from 7 - the Law Enforcement Agency, Health Agency, or other investigating agency, and where he has received no evidence indicating that the public health, safety or welfare or the purposes of this Article will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist, the Director of Finance may refer any of the hereinafter mentioned applications for hearing before the City Council without considering the same himself. This Section applies to the following enumerated businesses hereinbefore enumerated in the Chapter under Section 9-125 (a) Advertising by Hand Bills; W Amusement Games, Rides, or Similar Devices; (c) Auction Sales, Bankrupt Stock Sales (Closeout Sales), Fire Sales, Foreclosure Sales, Lost Our Lease Sales, Quitting Business Sales and Other Advertised Sales conveying to the public that the business is closing its doors; (d) Christmas Tree Lots; (e) House Number Painters; (f) Itinerant Merchant; (g) Junk Collectors/Dealers; (h) Safe and Sane Fireworks Sales. SECTION 9-129: Businesses Where Fire Chief May Issue Permits. All businesses that require a permit from the Fire Chief as provided in Title 7 of this Code, shall pay a permit fee of fifteen ($15.00) dollars. SECTION 9-130: Businesses Where the Chief of Police May Issue Permits in Case of No Objection. The Chief of Police may issue permits for the hereinafter names businesses without submission of the same to the City Council when he has obtained no evidence indicating that the public peace, health, safety, or welfare or the purposes of this Title will be injured by the granting of such a permit, and where in addition there are no protests or objections to said permit. In the event any of the foregoing should exist, the Chief of Police may refer any of the hereinafter mentioned application for hearing before the City Council without considering the same himself. This - 8 - Section applies to the following enumerated businesses hereinbefore enumerated in the Chapter under Section 9-125. Ca) Ambulance Drivers; (b) Massage Parlor, Masseur, masseuse; (c) Pawn Brokers/Pawn Shops; (d) Peddlers (Door -to -Door); (e) Solicitors (Door -to -Door); (f) Taxicab Drivers. SECTION 9-131: Definitions. Peddling/Soliciting. Soliciting includes any person, firm or corporation engaged in the business of going from house to house, or place to place, other than commercial business houses, or at, on, or along the public streets, sidewalks or public places, selling or taking orders for, or offering to sell or take orders for goods or services to be performed in the future, or for things of value to be delivered in the future, or per- forming services which require further development, consummation or completion elsewhere than at the place where performed. SECTION 9-132: Identification Card Required. Each and every person who desires to engage in the business of peddling or soliciting and is going from house to house, or place to place, within the legal boundaries of the City of Costa Mesa, shall first obtain an identification card from the Chief of Police. The Chief of Police shall furnish an application for such purposes and the applicant shall complete the application giving his or her: (a) Full and complete name; (b) Permanent home address; (c) Physical description; (d) Date and place of birth; (e) Name and address of employer; (f) Employer's type of business; (g) Proposed method of business activities in City of Costa Mesa. SECTION 9-133: Permit Exceptions. Established Route. It is presumed that a person has an established route within the City when such person can present a bona fide customer list consisting of no less than ten names and addresses within the City and within the preceding quarter, at least ten of said persons on said list have been serviced by applicant or his agent. Each person servicing/ managing or operating such route shall be exempt from meeting the requirements of Section 9-130. Persons who solicit for charitable or religious purposes are exempt from Section 9-130. SECTION 9-134: Definitions. Advertising by Handbills. "Handbill" includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet or any other printed matter of literature. SECTION 9-135 Distributing on Public Property. No person, either directly or indirectly, shall deposit, place, throw, scatter, or cast any handbill or any other printed or written advertising matter in or on any public thoroughfare, park, ground, or other public place, provided that the provisions of this Section shall not be deemed to prohibit the handing and distribution of any handbills to any person willing to accept it. SECTION 9-136: Placing Handbills In or Upon Vehicle Prohibited. No person, either directly or indirectly, shall distri- bute, deposit, place, throw, scatter, or cast any handbill or any other printed or written advertising matter in or upon any automobile or other vehicle; the provisions of this Section shall not be deemed to prohibit the handing of any handbill or any other printed or written advertising matter to the owner or other occupant of any auto- mobile or other vehicle. Prohibited. SECTION 9-137: Distributing Handbills on Private Property No person, either directly or indirectly shall distribute, deposit, place, throw, scatter, or cast any handbill or any other printed or written advertising matter in or upon any private yard, grounds, walk, porch, steps, mail box, vestibule, house, residence, building or any other private property. - 10 - SECTION 9-138: Exemptions. The provisions of this Article shall not apply to the distribution of the United States Mail, nor to the delivery of any handbill or other printed or written adver- tising matter to any person who has requested delivery of the same. In making delivery of any handbill or any other printed or written advertising matter to any person who has requested the same, the handbill or other printed or written advertising matter shall either be delivered personally to the person who has requested the same, or placed upon his premises in such a manner that the handbill or other printed or written advertising matter will not be blown from the premises of such person onto the private property of other persons or on the streets or other public property within the City, such as by attachment to the door or doorknob or by placing under mat, sliding under door, or under any object sufficient to prevent it from being blown away. The provisions of this Article shall not apply to any newspaper which is capable of being entered as second class matter under the provisions of the United States Postal Laws and Regulations. SECTION 9-139: Hours for Distributing Handbills Restricted. No person shall distribute, or cause to be distributed, any handbill or other printed or written advertising matter at any time from one-half (1/2) hour after sunset to two (2) hours before sunrise. SECTION 9-140: Advertising by Sound Trucks. Regulations of...Use. The use of sound trucks in the City with sound amplifying equipment in operation shall be subject to the following regulations: (a) Sound amplifying equipment shall not be operated unless the sound truck upon which equipment is mounted is operated at a speed of or at least ten (10) miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic, the said sound amplifying equipment shall not be operated for longer than one (1) minute at each stop. (b) Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches, courtrooms, County Buildings or the City Hall. (a) The only sounds permitted are music or human speech. (d) The sound trucks shall be operated only on those streets or boulevards designated by the City Council in the permit and shall not be operated between the hours of 1:00 p.m. and 3:00 p.m., except on Sundays and Legal Holidays, no operation shall be authorized unless the City Council has determined upon competent evidence that in the individual case, different hours of operation would be justified, then such permit shall set forth said different hours of operation. (e) No permit for the operation of a sound truck shall exceed thirty (30) days, unless a longer time has been specified by the City Council upon receiving competent evidence justifying the same, or unless the thirty -day permit has been extended by the City Council upon hearing competent evidence justifying such extension. SECTION 9-141: Definitions, Ambulance. (a) "Ambulance" means any privately or publicly -owned motor vehicle that is especially designed or constructed and equipped, and is property inspected and licensed by the California Highway Patrol, and is intended to be used for and is maintained or operated for the transportation of patients, including dual purpose police patrol cars which otherwise comply with the provisions of this Chapter, except any such motor vehicle owned by, or operated under the direct control of, the Federal Government. (b) "Ambulance Attendant" means a person whose primary duty is to care for sick, injured, or disabled persons while they are being transported in an ambulance. (c) "Ambulance Driver" means a person whose primary duty is to drive an ambulance. (d) "Ambulance Operator" means any person, firm, partner- ship, corporation or other organization which furnishes or offers to furnish ambulance service within the City. (e) "Patient" means a sick, injured, or disabled person who is transported by an ambulance. 12 - SECTION 9-142: Certificate of Public Convenience and Necessity. No person shall operate any ambulance or offer to provide ambulance service on the streets of the City without first having obtained a Certificate of Public Convenience and Necessity, in accord- ance with the requirements of this Chapter. apply to: Exceptions. The requirements of this Chapter shall not (a) Ambulance service provided by any governmental agency; (b) Ambulance operators who do not have an office within the City are limited to transporting patients from locations outside the City to locations within the City; (c) Ambulance operators who are rendering assistance in the case of a major castrophe or emergency which the licensed ambulance operators of the City of Costa Mesa are inadequate to handle. SECTION 9-143: Application for Certificate. An application for a Certificate of Public Convenience and Necessity to operate an ambulance service shall be filed with the Director of Finance upon forms provided by the City, which shall be verified and shall contain the following information: (a) The name, business address and business telephone number of the applicant; (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business; (c) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant's business; (d) A financial statement prepared by a certified public accountant showing the financial status of the applicant during the past two (2) years preceding the application; (e) A statement of the experience of the principals in the business of operating an ambulance service; - 13 - M The year of manufacture,make, model, motor number, State license number, and patient capacity of each ambulance which the applicant proposes to use in the operation of its business; (g) The addresses and a description of the facilities at each fixed location within the City which applicant proposes to use in connection with its operations; (h) Any facts which the applicant believes tend to prove that the public convenience and necessity requires the granting of a permit to the applicant; (i) A complete schedule of fees which the applicant proposes to charge for its services; (j) A description of the color scheme, monogram, adver- tising, or other distinguishing characteristics to be used to desig- nate the applicant's ambulances; (k) Such other information as the Director of Finance may reasonably require. SECTION 9-144: Filing Fee. An application as required by this Chapter shall be accompanied by a filing fee of One Hundred Fifty Dollars ($150.00), plus Twenty -Five Dollars ($25.00) for each ambulance which applicant proposes to operate within the City, to cover the administrative cost to the City for processing the appli- cation. SECTION 9-145: Public Hearing; Notice of Hearing. (a) Upon the filing of a completed application for a Certificate of Public Convenience and Necessity to operate an ambulance service, the Director of Finance shall refer the application to the Chief of Police and other appropriate City departments for an invest- igation and report. The Director of Finance shall also refer the application to the City Clerk who shall set a time and date for a public hearing, at which time the City Council will consider the appli- cation. The City Clerk shall schedule said hearing on the agenda for the first available regular Council meeting occurring not le -ss than thirty (30) days following the date on which the application is sub- mitted. - 14 - (b) Notice of the hearing shall be published in the official newspaper of the City at least once, not less than ten (10) days prior to the date scheduled for the hearing. In addition, written notice shall be given to each person holding a certificate for the operation of an ambulance service, at least ten (10) days prior to the date of the hearing. SECTION 9-146: Issuance or Denial of Certificate. After consideration of all evidence which it deems relevant at the public hearing, the City Council shall determine whether the applicant has proven a need and necessity for additional service and may then issue or deny the requested Certificate of Public Convenience and Necessity. In reaching a decision, the City Council shall consider the following factors: (a) Whether the applicant is qualified on the basis of experience in the ambulance business, and financial responsibility; (b) Whether the number of ambulances already operating within the City is adequate to meet the public need; (c) The probable effect that approval of the application would have on the level and quality of service available to the public; (d) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. SECTION 9-147: Form of Certificate. If the City Council determines that the public convenience and necessity requires the proposed ambulance service, a certificate authorizing such service shall be issued to the applicant. In granting a certificate, the City Council shall specify the number of ambulances that may be operated pursuant to said certificate and the certificate shall contain a description of each ambulance which the certificate holder will be permitted to operate within the City. A certificate shall not be issued to any person who shall not have fully complied with all of the requirements of this Chapter. SECTION 9-148: Duration of Certificate. A Certificate of Public Convenience and Necessity for the operation of an ambulance - is - service issued pursuant to this Chapter shall be valid for an indefinite period of time, unless such certificate is suspended or revoked. SECTION 9-149: Periodic Inspection. Subsequent to the issuance of a Certificate of Public Convenience and Necessity pur- suant to this Chapter, the applicant must present a valid inspection certificate approved by the California Highway Patrol. SECTION 9-150: Grounds for Revocation. Any certificate or permit granted pursuant to the provisions of this Chapter may be revoked by the City Council, either in whole or in part, after five (5) days prior written notice to the certificate or permit holder, direct- ing him to appear at a certain time and place to show cause why the certificate should not be revoked, on any of the following grounds: (a) That the certificate holder has not filed adequate evidence of liability insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be cancelled; (b) For the violation of any rule, regulation or condition set forth in or authorized by this Chapter, or made a condition of the Certificate of Public Convenience and Necessity; (c) For the violation of any laws of the State or City with respect to the operation of the business by any certificate holder, or repeated violations by employees of the certificate holder; (d) For failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary condition, or for deviation from the schedule of rates approved by the City Council. SECTION 9-151: Transfer of Certificate. No certificate issued pursuant to the provisions of this Chapter shall be transferable, either by assignment, sale,hypothecation, operation of law, or other- wise, without the permission of the City Council having been first obtained. Application for transfer of any certificate shall be subject to the same terms, conditions, and requirements as in an application for an original certificate. In approving the transfer of an existing - 16 - certificate, the City Council may impose such conditions as it may determine are in the public interest. SECTION 9-152: Additional Vehicles. Any person holding a certificate to operate one or more ambulance pursuant to this Chapter, who desires to add to the number of such vehicles, shall do so only after first obtaining the consent of the City Manager, which shall be granted if the City Manager determines that the approval of such additional ambulance or ambulances would be in accord with the public convenience and necessity under the standards set forth in Section 9-248. SECTION 9-153: Substitution of Vehicles. Any person holding a certificate to operate one or more ambulances, as provided in this Chapter, who desires to substitute a different vehicle or a vehicle authorized under such certificate, shall do so only after obtaining the approval of the Chief of Police, which shall be granted only upon written application by the certificate holder, and upon a satisfactory report being made by the Chief of Police concerning the suitability and mechanical condition of the vehicle, a copy of which shall be furnished to the certificate holder. If the certificate holder is dissatisfied with any decision of the Chief of Police made pursuant to this Section, he may appeal to the City Council. SECTION 9-154: Public Liability Insurance. No holder of a certificate to operate an ambulance service shall drive or operate an ambulance, or cause the same to be driven or operated in the City unless there is on file with the City Clerk, and in full force and effect at all times while such ambulance is being operated, a policy of insurance approved by the City Attorney and the Director of Finance, evidencing that the certificate holder is insured under a policy of liability insurance providing minimum coverage in the following amounts: Death or injury of one person, Three Hundred Thousand ($300,000.) dollars; death or injury of two or more persons, Five Hundred Thousand ($500,000.) dollars; damage to property, Fifty Thousand ($50,000.) dollars. Said policy shall further provide that the City shall be given thirty (30) - 17 - days prior written notice of any cancellation, termination or change in the amount of such insurance coverage. Failure of any certificate holder to maintain the insurance required by this Section shall con- stitute grounds for revocation of its Certificate of Public Conven- ience and Necessity. SECTION 9-155: Rates for Ambulance Service. Each holder of a Certificate of Public Convenience and Necessity for the operation of an ambulance service shall file with its application for a certifi- cate a proposed schedule of rates to be charged for the transportation of patients in all ambulances operated by said certificate holder. After approval by the City Council, said rates shall not be changed or modified in any manner without the prior approval of the City Council. No certificate holder shall charge rates other than those so approved. The City Council may on its own motion hold a hearing at any time for the purpose of determining whether previously approved rate structures are established at a level which will result in a reasonable degree of competition among the certificate holders oper- ating within the City, provide a fair return to said certificate holders on their investments, and provide a high quality ambulance service to the public. Prior to changing any schedule of rates pre- viously approved for an existing certificate holder, the City Council shall hold a public hearing after giving ten (10) days prior written notice to all certificate holders and/or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten (10) days prior to the date of said hearing. Every certificate holder shall post in a conspicuous place in the interior of each ambulance operated by said certificate holder the approved rate schedule in a form and location approved by the Chief of Police. SECTION 9-156: Standards for Ambulance Equipment; Rules and Regulations. (a) Each ambulance shall be equipped with a two-way radio and such equipment as the City Manager shall determine to be adequate - 18 - for dressing wounds, splinting fracturs, controlling hemorrhage, and providing oxygen. (b) The City Manager shall have the authority to make rules and regulations not inconsistent with this Chapter concerning standards for required equipment in ambulances. Prior to adoption of such rules and regulations by the City Manager, the holders of all Certificates of Public Convenience and Necessity for the operation of ambulance services shall be furnished with a copy of the proposed rules and regulations, and shall be advised in writing -by United States mail of the time and place at which the City Manager will hold a public hearing to consider the adoption of said rules at least ten (10) days prior to the date of said public hearing. Following adop- tion by the City Manager, said rules and regulations shall be filed with the City Clerk and shall constitute enforceable provisions of this Chapter. In determining the adequacy of equipment, the Chief of Police shall take into consideration the current list of minimal equipment for ambulances adopted by the American College of Surgeons or its duly -authorized Committee on Trauma. Each holder of an ambul- ance operator's permit shall comply with such regulations as may be adopted by the City Manager. SECTION 9-157: Permit for Drivers and Attendants. (a) No person shall drive, or serve as an attendant of, an ambulance subject to the requirements of this Chapter without first obtaining a permit in writing to do so, from the Chief of Police. (b) No person shall operate an ambulance for hire unless he shall hold a valid Class II driver license and an ambulance driving certificate issued by the Department of Motor Vehicles. SECTION 9-158: Application for Driver's and Attendant's Permit. An applicant for an ambulance driver's or ambulance attendant's permit shall file his application with the Director of Finance on forms furnished by the City, together with an application fee of Fifteen Dollars ($15.00). Each applicant shall submit with his application three (3) recent photographs of himself of a size designated by the Director of Finance. - 19 - To be eligible for either type of permit, an applicant must be at least twenty-one (21) years of age. SECTION 9-159: Issuance of Permit. The Chief of Police shall conduct an investigation of each applicant for an ambulance driver's or ambulance attendant's permit, and may refuse to issue such permit, and may suspend or revoke a permit previously grantes, on any of the following grounds: (a) If the applicant is addicted to the use of alcoholic beverages, dangerous drugs or narcotics; (b) If the applicant for a driver's permit has been con- victed three or more times within the past year for violation of any law or ordinance regulating the operation of motor vehicles, other than non-moving violations, such as parking; (c) If the applicant has been convicted within the past three (3) years of the use or possession of narcotics, or for operat- ing a vehicle while under the influence of intoxicating liquors, or reckless driving; (d) If the applicant does not possess either an Advanced American Red Cross First Aid Certificate, or an Advanced First Aid Certificate, issued by the United States Bureau of Mines; (e) If the applicant is unable to produce at any time, and not less frequently than once a year, a certificate of a duly licensed physician stating that the applicant is, in the opinion of such physician, free of communicable disease and physical disability which would impair his ability to perform his duties. SECTION 9-160: Form of Driver's and Attendant's Permit. The permit shall be in the form of a card which shall bear the signa- ture, photograph, and fingerprints of the applicant. Such card shall be issued in duplicate, and one copy shall be placed on file with the Police Department. The other card shall be carried on the person of the permittee at all times while on duty as an ambulance driver or attendant. Permits for ambulance drivers and attendants issued by other cities having substantially similar regulations, as determined by the Chief of Police, will be recognized. - 20 - SECTION 9-161: Revocation of Permit. The Chief of Police may revoke any permit issued by him when, in his opinion, the permittee is unfit to serve as an attendant or driver of an ambulance, on the basis that: (a) He obtained the permit by fraud or misrepresentation; (b) He has violated the provisions of this Chapter or any other State or municipal law relating to his duties; (c) He has ceased to meet the requirements that justified the original issuance of the permit. Any permittee who is dissatisfied with the decision of the Chief of Police in suspending or revoking his permit may file notice of appeal with the City Council within thirty (30) days after receiving notice of the action of the Chief of Police. SECTION 9-162: Standard of Service. Any person holding a Certificate of Public Convenience and Necessity to operate an ambulance service within the City shall provide ambulance service on a 24-hour basis, seven days a week. A certificate holder must respond to a call received within 15 minutes on normal calls, and 5 minutes on an emergency call, or otherwise inform the requesting party of his IV approximate delay. SECTION 9-163: File Reports with Police. Within one-half (1/2) hour after conveying any injured or sick or disabled persons who die enroute to any public or private hospital, or removing any such person or persons from any place within the City to another place within the City or beyond its limits, a person owning or operating an ambulance hereunder, his agent or employee, shall notify the Police Department of such operation. Such notice shall give the name and address of such injured, sick or disabled person, when such information is available, and the place to and from which such person was removed. The Chief of Police, in his discretion, may establish a policy requir- ing that any person owning or operating an ambulance hereunder, his agent or employee, shall, within twenty-four (24) hours after removal of any such injured, sick or disabled person, file a written report to - 21 - the Police Department giving the information required above and any other relevant information which the Police Department may require. The Police Department shall provide forms upon which the information required under this Section shall be written. SECTION 9-164: Existing Ambulance Operators. Each person holding a valid Certificate of Public Convenience and Necessity to operate an ambulance service issued by the City Council prior to effective date of this Chapter shall automatically be granted a new Certificate of Public Convenience and Necessity to continue to operate the same number of ambulances within the City as authorized under its existing certificate without being required to pay the fees set forth in Section 9-144, provided however, that all existing certificate holders and their employees shall be required to comply with all of the other provisions of this Chapter. SECTION 9-165: Christmas Tree Lot. Permit Required. No person, firm or corporation shall set up or offer for sale any Christmas trees within the City of Costa Mesa without first obtaining a permit from the Director of Finance as hereinafter provided. SECTION 9-166: Same. Permit Exception. Nothing in this Article shall be construed to restrict any established retail place of business within the City of Costa Mesa from selling or offering for sale Christmas trees, either in the business establishment or on the same premises, and the permit provisions of this Article shall not apply thereto. SECTION 9-167: Same. Application for Permit. All applic- ations for permits shall be made in writing, filed with the Director of Finance, and shall state the name of the applicant, the address. and the location of the proposed stand. The application shall then be forwarded to the Fire Chief and the Director of Building Safety for their approval. After clearance from the aforementioned departments has been received, the permit will be so issued. SECTION 9-168: Duration of Permit. Deposit. Prior to the granting of the permit, the applicant shall post with the Director of Finance of the City of Costa Mesa, a cash deposit in the sum of fifty - 22 - ($50.00) dollars which shall be forfeited to the City in the event that the permittee does not thoroughly clean the premise and remove all trees, rubbish and debris therefrom on or before January 2nd following the issuance of the permit. If such premises are thoroughly cleaned, all trees, rubbish and debris so removed, as aforesaid, the said cash deposit shall be returned to the permittee. SECTION 9-169: Closing Out Sales. Purpose. This Chapter is intended to regulate any business activity irrespective of name which is designed and intended by the applicant to permanently con- clude business operation at a designated location within a specified time. SECTION 9-170: False Advertising. It shall be unlawful for any person to advertise or otherwise represent to the public, or any part thereof, in any manner, a reduction in price of any goods, wares, merchandise, service, facility, or accommodation, whether such price reduction be represented in complete price figures or by percent- age reduction unless the price from which the reduction is calculated, is the price customarily charged by applicant for goods, wares, mer- chandise, service, facility, or accommodation so offered to the public. SECTION 9-171: Permit Required. It shall be unlawful for any person to advertise or conduct a business activity, as herein defined, without first obtaining a permit therefor from the Director of Finance of the City of Costa Mesa, in the manner hereinafter provided. SECTION 9-172: Persons Exempt. The provisions of this Chapter shall not apply to, or affect, the following persons: officials. (a) Persons acting in their official capacities as public (b) Persons acting pursuant to process issued by a court of competent jurisdiction. (e) Duly licensed auctioneers, selling at auction. (d) Any publisher of a newspaper, magazine, or other period- ical or publication, who publishes in good faith any advertisement without knowledge of its false, deceptive, or misleading character, or without knowledge that compliance has not been had with the provisions - 23 - of this Chapter. SECTION 9-173: Application for Permit. Any persons desiring to advertise and conduct a sale regulated by this Chapter shall make a written application therefor, under oath. No business activity may continue beyond sixty (60) days unless and until the person conducting the activity, as set forth herein, has applied for and been granted an extension by the City Council for a fixed period or periods of time. Any permit or renewal thereof granted as herein provided shall not be assignable or transferable. The following is required: (a) The application shall be made upon forms devised by the Director of Finance for the City of Costa Mesa and shall be completed and filed in accordance with administrative regulations established by that office for this purpose. SECTION 9-174: Investigation. Upon the filing of the application for a permit as hereinabove provided, the Finance Depart- ment shall make or cause to be made such examination, audit, or investigation of the applicant and his business, history, and affairs in relation to the proposed activity as it shall deem necessary. If the Finance Department finds that the statements in the application are true, and that the methods proposed to be used by the applicant in conducting the activity are not such as, in its opinion, will work a fraud or deception upon prospective purchasers, it shall issue a permit to conduct such activity in conformity with the provisions of this Chapter, otherwise, it shall deny the permit request. The Finance Department may also refuse to issue a permit to the applicant because of the insufficiency of the information set forth in the application, but in the event of a denial for insufficient information, the Finance Department shall grant the applicant permission to file an amended application. No permit may be issued by the Director of Finance to any applicant who has been convicted of any crime.involving fraud within five (5) years preceding application. The Finance Department may also refuse to issue a permit to any person who has heretofore - 24 - violated any provisions of any ordinance of the City of Costa Mesa regulating the conduct of activities of,this type. Any applicant dissatisfied with the ruling of the Director of Finance may appeal to the City Council. under shall: advertising. SECTION 9-175: Duties of Permittee. A permittee here- (a) Refrain from any false, deceptive, or misleading (b) Conduct such activity in strict conformity to any advertising or holding out relating thereto. SECTION 9-176: Revocation of Permit. The Director of Finance shall have the right to suspend the permit as granted herein until the next regular Council meeting at which time the Council shall take whatever action on the permit that is necessary. The Finance Director shall have the power to revoke any permit granted herein in accordance with the provisions of this Chapter and after a public hearing whenever any such activity is being conducted in violation of any of the provisions of this Chapter, or in such a manner as to deceive or defraud the public, or if: (a) The holder of any such permit has been guilty of any fraudulent practice or practices in the conduct of the activity authorized by such permit; (b) The holder of any such permit has made any material misstatement in the application for such permit. (c) The holder of any such permit has violated any of the provisions contained in this Chapter. The Director of Finance shall have the discretion to require an inventory or to conduct an inventory of permittee's goods which are the subject of this Chapter, if in his opinion an inventory is necessary. SECTION 9-177: Definition of Fireworks. "Fireworks" means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, sky rockets, 25 - Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, but does not include toy pistols, toy canes, toy guns, or other similar devices in which paper caps containing not more than twenty-five hundredths (.25) grain of explosive compound per cap, is used. SECTION 9-178: Dangerous Fireworks. Every fireworks article which does not bear the "safe and sane" classification label of the State Fire Marshal, shall be considered to be dangerous fire- works. SECTION 9-179: Safe and Sane Fireworks. "Safe and Sane" fireworks shall include only those fireworks articles that have been classified and registered as "safe and sane" by the State Fire Marshal. SECTION 9-180: Permit Required. No person, firm or corp- oration shall sell or offer for sale any fireworks within the City of Costa Mesa without first obtaining a permit from the Director of Finance. SECTION 9-181: Persons Eligible. A fireworks permit shall be issued only to such applicants who meet both the following qualifi- cations: (a) A non-profit, charitable, religious or eleemosynary corporation or association organized and existing primarily for veteran, patriotic, religious, charitable or civic betterment purposes; (b) Providing the Director of Finance finds after consider- ing applicant's qualifications that they meet the necessary standards of personnel and equipment so as to provide for the health and safety of the citizens of the City of Costa Mesa. SECTION 9-182: Application Requirements. Each applicant for a permit shall file his application with the Department of Finance, which application shall show the following: (d) Name and address of applicant; (b) The applicant's status as a non-profit, charitable, religious or eleemosynary corporation or association; - 26 - (e) The purpose for which the applicant is primarily existing and for which it was organized; (d) The names and addresses of the officers, if any, of the applicant; (e) The location where the applicant will sell fireworks; (f) When the applicant was organized and established; (g) The location of the applicant's principal and per- manent meeting place; (h) The name, address, and State Fire Marshall's License Number of any wholesaler or distributor from whom the retailer pro- poses to purchase fireworks for resale; (i) The applicant's State Board of Equalization Sales Tax Permit Number; (J) The manner, method and times, when and how the applicant proposes to sell "safe and sane" fireworks; (k) Such other information as the Director of Finance may require to make his investigation. SECTION 9-183: Time for Filing. Duration. An application shall be filed on or before June 1 of the calendar year for which the permit is sought. Any permit issued shall be valid for the premises or location for which issued, shall not be transferable, assignable or renewable, and shall be valid only for the dates specified in the permit. SECTION 9-184: Location Approval. Before granting the permit, the Director of Finance shall obtain clearance of the location from the Fire Department of the City of Costa Mesa. SECTION 9-185: Issuance of Permit. The Director of Finance shall, on satisfying himself that the applicant qualified under the provisions of this Chapter, grant a permit. SECTION 9-186: Permit Fee. The fee for the issuance of the permit required by this Chapter shall be the sum of fifteen dollars ($15.00). SECTION 9-187: Compliance with Permit Restrictions. Any person operating a temporary stand for the display and sale of fireworks - 27 - shall abide by and comply with all the requirements set forth in the application for a permit to operate the same, and all conditions and restrictions imposed by the Director of Finance in granting the permit. SECTION 9-188: Bond to Assure Removal. Prior to the erection of any temporary stand for the display and sale of fireworks, the permittee shall post with the City a cash deposit in the sum of Fifty dollars ($50.00) to be forfeited to the City in the event the permittee does not remove said stand, equipment and rubbish from the premises upon which the stand is located before midnight of July 7 of the year for which said permit is granted. The Fire Department shall make an inspection and if all equipment, rubbish and debris are removed by the permittee as aforesaid, it shall notify the Director of Finance and the cash bond shall thereupon be returned to the permittee. SECTION 9-189: Insurance Required. Prior to the erection of any temporary stand for the display and sale of fireworks, the permittee shall procure public liability and property insurance cover- ing its operation in and about said stand and premises in a minimum amount of One Hundred Thousand dollars ($100,000.) for death or injury to one person, Three Hundred Thousand dollars ($300,000.) for death or injury of more than one person, and Twenty -Five thousand dollars ($25,000.) property damage. The permittee shall file a certificate of such insurance with the City Clerk. SECTION 9-190: Dangerous Fireworks Prohibited; State Permit Required. No fireworks shall be sold or offered for sale within the City which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code of the State of California, nor shall any person be allowed to sell or offer to sell fireworks within the City without first having obtained a permit from the State of California as required under the laws of the State. SECTION 9-191: Hawkers and Retail Vendors of Food and Ice Cream Products. Every person peddling, selling or delivering liquids or edibles for human consumption from packs, baskets, handcarts, wagons or vehicles, retail from door-to-door, shall first obtain a Health Permit from the County of Orange. - 28 - This section does not apply to the following: ments; (a) Persons selling or delivering to retail establish- (b) Distributors of milk, bottled water, ice, packaged or canned food products, rendering the service of delivering their products to regular customers; (c) A person who sells edibles from a wayside stand located on property owned or controlled by him, all of which edibles are grown or raised on such property by such person or by members of his immediate family; (d) The operator of a public eating place; (e) Hawkers and retail vendors of food as defined in Section 9-131 of this Article not expressly excluded thereunder shall not operate any sound amplifying equipment within the City of Costa Mesa between the hours of 1:00 p.m. and 3:00 p.m. Sound amplifying equipment as herein means any machine or device for the application of the human voice, music or any other sound including radios, horns, bells or other sound or musical device used for the purpose of attract- ing customers to said vehicle or vendor. SECTION 9-192: House Number Painter. (a) Approval must be obtained from the Street Department and secured with a One Hundred ($100.00) bond, refundable deposit or other funds to assume correction or alterations claimed by residents requiring remedial action by City forces. Bond may be cancelled or funds returned thirty (30) days after statement of termination or work; (b) House numbers may only be painted on the face of the curb after permission of the resident is obtained; (c) Applicant must provide local or supply toll-free telephone contact to the resident along with receipt showing name, address and telephone number of business or organization. Quality of work must be accurate and to the satisfaction of the resident and City. Correction is to be made by the applicant, or if made by the City, will be charged against bond, or refundable deposit or other funds. (d) The paint must be white masonry high -gloss enamel to completely cover previous number and background. Black masonry high- - 29 - gloss enamel shall be used for letters. Letters shall be four -inch Gothic. SECTION 9-193: Massage Defined. The word "massage" shall mean and include a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneeding, adjusting or tapping with the hand or any instrument, including any manual manipulation of, or the application of a mech- anical device to the human trunk or limbs of another, except by a person holding an unrevoked certificate to practice the healing art under the laws of the State of California. SECTION 9-194: Massage Parlors Defined. The term "massage parlors" shall mean and include any Sauna bath, Turkish bath parlor, Battle Creek system treatments, magnetic healing institute, massage parlor or any place or institution where treatment of the human body is given by means of massage or bath. SECTION 9-195: Massagist, Masseur or Masseuse Defined. The word 'massagist""masseur" " g , , or masseuse shall mean and include both the singular and plural, and shall also mean and include any person who practices massage as heretofore defined. SECTION 9-196: Permit Required. No person shall engage in, conduct,manage or carry on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sun baths, mineral baths, Russian, Swedish or Turkish baths, or giving salt glows, or conduct, manage or carry on any place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath, or sleeping accomod- ations without a written permit from the Chief of Police. No person shall operate a massage parlor or give fomentation, massage, electric, or magnetic treatment or alcohol rubs, or conduct, manage or carry on any place where fomentations, massage, electric or magnetic treatments or alcohol rubs are given without a written permit from the Chief of Police. No person shall act as a masseur or masseuse without a written permit from the Chief of Police. - 30 - `=SECTION 9-197: Exemption. This section shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Professional Code of California or of any other law of this State. SECTION 9-198: Permit Required - Employees and Agents. No person or operator of a bathhouse or massage parlor shall employ or utilize the services of a masseur or masseuse of any person as such who does not possess a valid and current permit to work for said person or operator in that capacity as provided for herein. SECTION 9-199: Permit - Application. Each person, before obtaining a permit to carry on the business of, or work as a masseur or masseuse at baths and massage parlors as listed above, shall make a written application to and upon forms furnished by the Chief of Police, which shall be signed by such applicant. In addition to any other information which may reasonably be required by the Chief of Police, the application shall show the true name of the applicant, his fictitious name or names, if any, date of birth, his present address in the City, or elsewhere, his proposed business address in the City, the name under which said applicant conducted any similar business, if any, and the place of his residence at such time, together with such application. The applicant shall furnish a recent photograph of himself and his fingerprints to the Chief of Police. Said forms shall also include in addition to such other information as shall be required by the Chief.of Police, the following: (a) Written proof that the applicant has attained the age of majority; (b) Written proof of applicant's experience in the pro- fession, work and method of treating the external parts of the human body for remedial or hygienic purposes by rubbing, stroking, kneading, adjusting or tapping with the hand or hands or by instrument, or such applicant must furnish a diploma or certificate of graduation - 31 - from a recognized school or institution of learning wherein the method, profession and work of massagist is taught; (c) Written statements of at least five (5) persons that such applicant is of good character. SECTION 9-200: Application - Employees of Applicant. All persons employed by an applicant shall complete the same form and supply the same information as required of such applicant. If an adverse report is made by the Police Department, after its invest- igation, the Chief of Police may, after a public hearing, revoke the permit of such applicant if such applicant employs such person. SECTION 9-201: Granting of Permit. The Chief of Police may issue a permit to an applicant when it shall reasonably appear, after investigation, that the applicant possesses good moral char- acter and is a proper person to conduct or work at such business. The Chief of Police may continue consideration of any application from time to time until the investigation provided for herein shall be completed but in no event shall said investigation exceed sixty (60) days in duration. Any application not denied within sixty (60) days shall, be deemed granted. SECTION 9-202: Duration. Said permit granted as provided for herein shall be effective until revoked or surrendered as here- inafter provided. SECTION 9-203: Revocation of Permit. The Chief of Police may revoke or suspend the permit of any person holding same in the City, upon receiving satisfactory evidence that the said permittee or operators have been convicted of, or has entered a plea of guilty to any violation of the provisions of this section or any other law or ordinance of the City or State relating to such business. SECTION 9-204: Revocation Hearing. No permit shall be revoked until a hearing thereon shall have been had by the Chief of Police, notice of which hearings shall have been given in writing and served at least five (5) days prior to the date of such permit, his manager or agent, which notice shall state the grounds of the complaint - 32 - against the holder of such permit, and the time and the place where such hearing will be had. Such notice shall be served on the holder of such permit by delivering the same to such holder, his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed to the holder of such permit at such place of business and deposited in the United States Mail at Costa Mesa, California, with the postage thereon fully prepaid, at least ten (10) days prior to date of such hearing. The time of such notice may be shortened by the Chief of Police with the written consent of the holder of the permit. Whenever a permit or Business Tax Registration Certificate is revoked under the terms of this Section, no other application for a permit to carry on a similar business by such person shall be con- sidered for a period of one (1) year from the date of such revocation. SECTION 9-205: Application Investigation Fee. Each and every applicant for a permit shall pay the sum of twenty-five dollars ($25.00) at the time of filing of the application. No part of any fee collected shall be refunded to any person, except when paid in duplicate or erroneously collected. SECTION 9-206: Permit - Transferability. A change of location may be endorsed on a permit by the Chief of Police upon the recommended approval of the Director of Finance and upon written applic- ation of the permittee stating the proposed new address and such other information as the Chief of Police may reasonably require. SECTION 9-207: Rules and Regulations. The Chief of Police shall cause to be compiled, rules and regulations in printed form to be delivered to each applicant having been granted a permit which shall include but not necessarily be limited to the following require- ments: (a) Every person permitted to maintain, conduct or operate a massage parlor or taxed to do any of the other things mentioned in this Chapter in the City shall at all times keep a registration book - 33 - in connection therewith in which each and every client's or patient's first, middle and last name and complete address shall be written, together with the date of treatment, and such book shall be open at all times to the inspection of any police officer of the City or to any peace officer of the State. Such police officer or officers or peace officer or officers shall at all times, without a search warrant, have authority to inspect all records and all premises of operator where any such business or practice of such operator is carried on. (b) The permit issued by the Chief of Police to a bath house or massage parlor shall be prominently displayed in the recep- tion area of such business, at all times. (e) The permit issued by the Chief of Police to a masseur or masseuse shall be retained on the person of such masseur or masseuse while actually engaged in such activity and will be displayed to any peace officer upon demand. (d) The permit issued by the Chief of Police to a person to act as masseur or masseuse for a permitted bath house or massage parlor shall be returned, by such masseur or masseuse, to the Chief of Police within five (5) days after such masseur or masseuse no longer is so employed. SECTION 9-208: Immoral Practices Prohibited. It shall be unlawful for any person to massage any other person or give or administer any bath or baths or to give or administer any of the other things mentioned in this Chapter for immoral purposes or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires and so doing shall be deemed grounds for the revocation of the permit granted hereunder. SECTION 9-209: Pawnbroker Defined. Any person conducting, managing, or carrying on a business of receiving goods in pledge for loans for which interest is exacted, or of purchasing goods and agree- ing, at or before such purchase, to resell the same to the vendor at a stipulated price. - 34 - SECTION 9-210: Second-hand Dealer. Any person conducting, managing or carrying on the business of buying, selling or otherwise dealing in used or second-hand goods. The phrase shall not be con- strued to apply to the receipt or sale of any second-hand goods by any person who received the same as part payment on new goods, if such person is the authorized representative or agent of the manu- facturer, jobber, or distributor of the said new goods sold and if an affidavit to that effect of such manufacturer, jobber or distri- butor, or the authorized officer thereof, is produced and filed with the City Clerk. SECTION 9-211: Report to Police Required. Every pawnbroker or second-hand dealer, and every person engaged in business of any kind who shall come into possession of any used or second-hand goods except those received as part payment for new articles of goods, shall daily for each day such person is open for business before the hour of 10:00 o'clock in the morning make out and deliver to the office of the Police Department, on blank forms to be obtained from the office of the Police Department for that purpose, a full, true and complete report of all goods or things received on deposit, pledged, or pur- chased, and the true name and address, as nearly as the same are known or can be ascertained, of the person by whom such article was left on deposit, pledged, or sold, together with a description of such person. Such report shall show the number of the pawn ticket, amount loaned, amount purchased, and an accurate description of each article left on deposit, pledged or purchased. A copy of this Chapter to be furnished by the City Clerk, shall be kept conspicuously posted in the place of business of every such pawnbroker or second-hand dealer. SECTION 9-212: Record of Transactions. Available for Inspection. Every pawnbroker or, second-hand dealer shall keep a com plete record of all goods, or things pledged to or purchased or received by him or sold or otherwise disposed of, which record shall contain all the matters required to be shown in the report referred to and described in Section 9-211 above. Every such record and all goods, and - 35 - w�_ things pledged to or purchased or received by any such pawnbroker or second-hand dealer shall be open at all times during business hours to the inspection of any police officer in the City. SECTION 9-213: Reports. Filing in Police Department. The Chief of Police shall cause to be filed in the office of the Police Department all reports received pursuant to the terms of this Chapter, and the same shall be open to inspection only by members of the Police Deparment of the City. SECTION 9-214: Violations. No person conducting or man- aging the business of pawnbroker or second-hand dealer, or any agent or employee of any such person shall fail, refuse or neglect to file any report in accordance with the provisions of this Chapter, or fail, refuse, or neglect to keep any record as required by this Chapter, or fail, refuse, or neglect to exhibit to any police officer of the City immediately upon demand for the privilege of such inspection any such record or any goods or things pledged to or purchased or received by such person. SECTION 9-215: Five -Day Waiting Period. No pawnbroker or second-hand dealer shall sell or otherwise dispose of any articles within five (5) days after such article has been received or purchased by him. SECTION 9-216: Secondary to Other Business. Every person who shall conduct or manage the business of pawnbroker or second-hand dealer and which business is secondary, minor or incident to and is conducted or associated at the same location with some other business which is subject to the payment of a business tax shall make applica- tion and secure a permit for such business in the manner provided by any section of this Code and shall be subject to all the provisions of this Chapter, provided, however, that such person shall not be re- quired to pay an additional tax for such secondary, minor, incidental or associated business of pawnbroker or second-hand dealer. SECTIONS 9-217 and 9-218: Reserved. - 36 - SECTION 9-219: Unlawful Activity Defined. Signs and Billboards. Permit Required. (a) No person shall erect, move, alter, change, repair, place, suspend, attach or maintain or cause or permit to be erected, moved, altered, changed, repaired, placed, suspended, attached or maintain any sign, street clock, street bulletin, street banner, on, over or above any public street or sidewalk without first obtaining a permit from the City Council to do so. (b) No person shall exhibit, post or display upon any sign or billboard any statement, words or signs of any obscene, indecent or immoral nature, or any picture, illustration or delinea- tion of any human figure in such detail as to offend public morality or decency; or lewd, lascivious act, matter or thing of an obscene, indecent or immoral nature, or offensive to the moral sense; or any murder, suicide, robbery, holdup, shooting, stabbing, clubbing or beating of any human being, wherein any such act is shown in grue- some detail or in a revolting manner, or in any manner objectionable to the moral sense. (c) No person shall scatter, daub or leave any paint, paste, glue or other substance used for painting or fixing adver- tising matter upon any public street or sidewalk or scatter or throw or permit to be scattered or thrown any bills, wastepaper, paper, cloth or materials of whatsoever kind removed from billboards on any public street or on private property. (d) No person except a public officer or employee in the performance of a public duty, or a private person in giving a legal notice, shall paste, post, paint, print, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the consent of the owner, holder, leasee, agent or trustee thereof. SECTION 9-220: Definitions. Charities and Relief. For the purpose of this Chapter, the following words are defined and shall be construed as hereinafter set forth unless it shall be apparent from - 37 - the context that they have a different meaning: (a) "Charitable" shall include the words philanthropic, social service, benevolent, patriotic, either actual or purported. (b) "City Council" shall mean the City Council of the City of Costa Mesa. (c) "Contribution" shall include the words alms, food, clothing, money, property, or donations under the guise of a loan of money or property. (d) "Department" shall mean the Department of Finance or such other department of the City as the City Council may by resolu- tion designate. (e) "Persons" shall include an individual, groups of individuals, firms, associations, corporations and foundations. (f) "Promoter" shall mean any person who for pecuniary compensation or consideration received, or to be received, solicits or is engaged in the business of or holds himself out to the public as engaged in the business of soliciting contributions for or on behalf of any other person or any charitable association, corporation or institution, or conducts, manages or carries on or agrees to con- duct, manage or carry on or is engaged in the business of or holds himself out as engaged in the business of conducting, managing or carrying on any drive or campaign for any such purpose; provided, however, that pecuniary compensation or consideration as used herein shall include, but shall not be limited to, participation on a percent- age basis in any fund solicited, or raised, for or on behalf of any other person, firm, association or corporation; provided further, that no person who is a bona fide paid officer or employee of any organi- ization endorsed by the City Council shall be considered promoter within the meaning of this Chapter. (g) "Solicitation'' shall mean and include the following: (1) Any oral or written request. (2) The distribution, circulation, mailing, posting or publishing of any handbill. - 38 - (3) The making of any announcement to the press, over the radio or television, by telephone or telegraph concerning an appeal, assemblage; athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposi- tion, party performance, picnic, sale or social gathering, which the public is requested to patronize or to which the public is re- quested to make a contribution for any charitable purpose connected therewith. (4) The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any charitable purpose or the name of any charity, philanthropy or charitable assoc- iation is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any charitable purpose or association. A solicitation as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this Chapter. SECTION 9-221: Notice of Intention. No person shall solicit, nor shall any officer or member of any association authorize any person to solicit any contribution for any charitable purpose unless at least thirty (30) days prior to the beginning of each solic- itation.there shall have been filed with the Department of Finance, on a form furnished by the Department of Finance, by such person or assoc- iation upon whose behalf the solicitation is made, written Notice of Intention to solicit such contribution, which Notice shall contain complete information as follows: (a) The purpose and dates of the solicitation and use of the contribution to be solicited. (b) A specific statement, supported by reasons and, if available, figures showing the need for the contribution proposed to - 39 - to be solicited. (a) The character of such solicitation and how it will be made or conducted. (d) The expenses of the solicitation, including salaries and other items, if any regardless of from what funds such expenses are payable. (e) What portion of the contributions collected as a result of the solicitation will remain available for application to the specific purposes declared in the Notice of Intention as the object of the solicitation. (f) A specific statement of all contributions collected or received by such person or association within the calendar year immediately preceeding the filing of such Notice of Intention. The expenditures or use made of such contributions, together with the names and addresses of all persons or associations receiving salaries, wages, compensation, commissions or emoluments from such contributions and the respective amounts thereof. (g) The names and addresses of the officers and directors of any such association for which the solicitation is proposed to be made. (h) A copy of the resolution, if any, of any such assoc- iation authorizing such solicitation, certified to as a true and correct copy of the original of such resolution by the officer of the association having charge of the records thereof. (i) A statement that the signers of such Notice have read and are familiar with the provisions of this Chapter and will require all solicitors engaged in such solicitation to read and be familiar with all sections of this Chapter prior to making any such solicitation. SECTION 9-222: Solicitor's Agreement. Notice of Intention. Additional Information. There shall be filed with the Department of Finance with such Notice of Intention a statement of any agreement made with any agent, solicitor, promoter, manager or conductor of - 40 - such solicitation, together with a copy of each agreement which may be in writing. Within twenty-four (24) hours after any change in any such agreement or the making of any new or further agreement, a true copy of such change or agreement, if in writing, or if not, written details thereof, shall be filed with the Department of Finance. Whenever, in the opinion of the City Council, the Notice of Intention filed with the Department does not disclose sufficient information for the public concerning the facts hereinabove required to be stated in such Notice or concerning the person or association making such solicitation or on whose behalf such solicitation is made, then upon the request of said City Council, there shall be filed, in writing, within forty-eight (48) hours after such request, any additional inform- ation as may be required by the City Council upon the foregoing sub- jects. Provided, however, that the City Council, for good cause, may extend the time for filing such additional information. The Notice of Intention and such additional information if requested, shall be signed by such person intending to make the solicitation, or if by or on behalf of any association, by at least two officers of such association and shall be open to the inspection of the public. SECTION 9-223: Accounting System. No person shall solicit any contributions for or on behalf of any charitable association unless such association is maintaining a system of accounting whereby donations to it and all disbursements made by it are entered upon the books or records of its treasurer or other financial officer. SECTION 9-224: Information Card. Within thirty (30) days after the filing of the Notice of Intention as provided for in Section 9-221, the Department shall issue to all solicitors informa- tion cards, which cards shall show: (a) The pertinent facts set forth in the Notice of Inten- tion required under Section 9-221 of this Chapter. (b) Any additional information obtained, in the opinion of the City Council, as shall be of assistance to the public to determine the nature and worthiness of the purpose for which the solicitation is made. - 41 - (c) That same is issued as information for the public and is not ars endorsement. (?) The City Council may, pursuant to Section 9-234, omit this provision and state that they endorse such charitable association. No person shall solicit any contributions unless he exhibits the information card provided for in this Section and reads it to the person being solicited or presents it to said person for his perusal, allowing him sufficient opportunity to read same before accepting any contribution so solicited. SECTION 9-225: Permission by Charity Required. No person shall solicit in the name of or on behalf of any charitable association unless such solicitor has: (a) Written authorization of two (2) officers of such association, a copy of which shall be filed with the Department, and which authorization and copy shall each bear a specimen signature of the solicitor. Such written authorization shall expressly state on its face the period for which it is valid, which shall not exceed ninety (90) days from the date issued. (b) Such authorization with him when making solicit- ations and exhibits the same on request to persons being solicited or police officers or agents of the Department. No person shall use the name of any association in charge or control of any charitable activity in any solicitation without having written permission from such association. SECTION 9-226: Report. Required. Every person soliciting any contribution for any charitable purpose must file with the City Council within thirty (30) days after the close of any such solicita- tion or within thirty (30) days after a demand therefor by the City Council, a report stating the contributions secured from or as a result of any such solicitation, and all expenses of or connected with the solicitation, and in detail showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distri- buted. Every such report shall be made on forms to be furnished by - 42 - the Department and signed by the persons or association filing or obligated to file the Notice of Intention; and the report, if made by an association, shall be signed by at least two (2) officers thereof. Provided, when any such solicitation is made by such association, the report shall be filed only by the association and not by an individual solicitor engaged in the solicitation. SECTION 9-227: Use of Wrong Name. No person shall use in soliciting or give to any person a fictitious name or an alias or any other than his full, true and correct name, or make any solicitation without at the time giving to the person being solicited his own full true and correct name, nor shall he impersonate any other person in making such solicitation. SECTION 9-228: Fraud. No person shall make or perpetrate any misstatement, deception or fraud in connection with any solicit- ation of any contribution for any charitable purpose. SECTION 9-229: Solicitation. Radio, Television, Telephone, Telegraph. No person shall solicit any contributions by printed matter or published article, or over the radio, television, telephone or telegraph, unless such publicity shall contain the data and inform- ation required to be set forth on the information card required by Section 9-224, provided, when any solicitation is made by telephone, the solicitor shall present to each person who consents, or indicates a willingness to contribute, prior to accepting a contribution from said person, such information card or a true written copy thereof. SECTION 9-230: Receipt, Required. No person shall solicit any contribution for any charitable purpose unless such person shall tender to each person making a contribution a written receipt signed by the solicitor which contains in addition to a description of the amount and kind of the contribution substantially the following inform- ation: (a) The name of the association, if any, in whose name or upon whose behalf the solicitation is made. (b) A statement as to whether the contribution solicited is to be applied for the general purposes of such association, if any, - 43 - or for specific purposes, and if for specific purpose, the nature thereof shall be clearly stated. (c) A statement that the Information Card, issued by the Department, was presented to the person making the contribution for his perusal prior to receipt by the solicitor of the contribution receipted for. Provided, however, that no receipt shall be required if the donation of money is made by placing of the same in an enclosed receptacle of a kind previously approved by the City Council, in such manner that it is impracticable to ascertain either the amount donated or the name of the donor, and if an inscription shall be conspicuously attached to such receptacle containing in legible writing a copy of the Information Card issued by the Department and the statement required to be set forth in the receipt referred to in this Section, except the statements regarding the Information Card, and if such receptacle bears a number or other marks of identification and if a written list showing by number the location or name of the solicitor in charge of each receptacle, if there be more than one such receptacle, shall have been previously filed with the Department. Provided, further, that no receipt shall be required for any donation of money in an amount less than one dollar ($1.00). SECTION 9-231: Boxes. Receptacles. (a) No person shall solicit any contribution for any purpose by means of any box or receptable, upon any public street, sidewalk or way, or in any public park or in any publicly -owned or controlled place, except by the express written permission of the City Council. A permit shall be denied only if the information furnished to the City Council discloses fraud or if the solicitation as planned would interfere with the public convenience and safety. (b) No person shall solicit any charitable contribution, or any contribution for any real or purported charitable purpose, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby or entranceway, or other place of public resort, without first filing with the Department - 44 - a Notice of Intention as required by Section 9-221, and every person so soliciting must in all other respects comply with the provisions of this Chapter. SECTION 9-232: Telephone Solicitations. (a) No person shall for pecuniary compensation or con- sideration conduct or make any solicitation by telephone for or on behalf of any actual or purported charitable use, purpose, assoc- iation, corporation or institution. (b) The provisions of Subsection (a) hereof shall not apply to any communications by telephone between persons personally known to each other. SECTION 9-233: Exceptions. (a) The provisions of this Chapter, except Sections 9-220 and 9-228, shall not be applicable to any solicitation made, nor to any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor repre- sents in each case that the entire amount collected, without any deduction whatever., shall be turned over to the named beneficiary, nor shall they be applicable to any association soliciting contri- butions solely from persons who are members thereof at the time of such solicitation, nor shall they be applicable to solicitations made solely for evangelical, missionary or religious purposes. Pro- vided, however, that in any case where it shall come to the attention of the City Council that any solicitation has been or is being or intended to be made for evangelical, missionary or religious purposes, but in such manner as in the opinion of the City Council is calculated to give or may give the impression to the person or persons solicited in any such solicitation or to the public that the purpose of such solicitation is either in whole or in part charitable, then the City Council, if in its opinion the public interest will be subserved there- by, shall investigate the matter of such solicitation and give public- ity to its findings thereon in such manner as it may deem best to advise the public of the facts of the case. - 45 - SECTION 9-234: Powers of the City Council. The City Council shall have the following powers: (a) To investigate the allegations of Notice of Inten- tion, or any statement or reports. (b) To have access to and inspect and make copies of all books, records and papers of any person, by or on whose behalf any solicitation is made. (c) To investigate at any time the methods of making or conducting any solicitation. (d) To publish results of any investigation provided for or authorized in Subsection (a), (b) and (c) of this Section. (e) To give such publicity to any such results by such means as may be deemed best to reach the general public and persons interested. (f) To request return of information cards to the City Council upon completion of solicitation for which they are issued or at the expiration of the period for which they are valid. (g) Upon receipt of additional information which, in the opinion of the City Council, shall render incorrect any statement set forth in any such information card, the City Council shall recall every such information card and amend or correct the same or issue in lieu thereof a new information card amended or corrected in accordance with such additional information, and that upon receipt of notification to return any information card for amendment or correction or new issue, as above provided, the association or person who filed the Notice of Intention for the solicitation for which any such card was issued must present such recalled information card to the Department within forty- eight (48) hours from the time of receipt of said notification. (h) To charge a fee for supplying information cards, at the rate of ten cents (100 per card; provided that when more than twenty-five (25) cards are issued at one time for the same solicitation the fee for all such cards in excess of twenty-five (25) shall be five cents (50 per card. (i) To waive the whole or part of any provisions of Sections 9-221, 9-222, 9-224, 9-225, 9-229 and 9-230, excepting this Subsection, - 46 - of this Chapter for the purpose of meeting any extraordinary emer- gency or calamity. (]) To waive all conditions of Sections 9-222 through and including Section 9-235, upon application of person filing Notice of Intention, in respect to Information Cards and filing copies of written authorization when a campaign or drive for rais- ing funds for any charitable purpose is given general publicity through the press or otherwise, and when more than twenty-five (25) persons serve as solicitors without compensation, if it shall be proved to the satisfaction of the City Council that the publicity concerning the solicitation fully informs the general public and the persons to be solicited as to the facts required to be set forth in the Information Card. (k) To endorse such charitable corporations or assoc- iations as shall apply to the City Council for endorsement after proving to the City Council that they have complied with the follow- ing provisions, namely: (1) That the title to any real property in the City of Costa Mesa owned by any such charitable corporation or association is vested in the name of the charity, if it is a corp- oration, or else in the name of the responsible trustee, under a declaration of trust or other written instrument, setting forth the rights of such charitable corporation or association therein, and recorded in the records of the County Recorder of Orange County. (-2) That the declared purpose for which such a corporation or association is organized are charitable or philan- thropic, and not for the pecuniary profit of the members or assoc- iates thereof or any of them. (3) That for three (3) months prior to its endorse - went, said charitable corporation or association has faithfully com- plied with the following provisions with reference to its accounts, namely: All funds received by it and all disbursements made by it, have been entered upon the books of its treasurer or other financial - 47 - officer, receipts have been given or tendered for all money or other property donated to it, whenever required by law or ordinance; all expenditures other than petty cash to a reasonable amount have been made by checks signed by at least two (2) officers of such corporation or association; that the bank book of such association or corporation has been balanced and reconciled with the books of account at reasonable intervals. (4) That no moneys of said corporation or assoc- iation are on Loan directly or indirectly to any officer, director, trustee or employee thereof, and that the corporation or association for a period of three (3) months prior to its endorsement has not invested any moneys constituting part of its permanent endowment funds except in securities legal as investments for savings banks within the State of California, and has not paid out more than fifteen percent (150) of any amounts collected by solicitation within the City of Costa Mesa for expenses of solicitation, and has not diverted funds donated to it from any source to purposes other than those for which they are donated. Provided, however, that the provisions of this paragraph shall not apply to any loan or invest- ment that has been made prior to the passage of this ordinance. (5) That the work for which such corporation or association has been organized has been faithfully performed. (6) That the bylaws and other written rules and regulations of such corporation or association define the powers and duties of the officers of such corporation or association, and that a copy of the Articles of Incorporation of said charity, if it be a corporation, and a copy of the Bylaws and other written rules and regulations of such corporation or association have been filed with the City Council. (7) That within three (3) months prion to its endorsement such a corporation or associationhasnot violated any laws or ordinance applicable to it. (8) That the officers and employees of such corpor- ation or association are persons of good character and reputation and - 48 - that the corporation or association has.exercised reasonable care in selecting persons of good character and reasonable experience as solicitors for its funds. SECTION 9-235: Promoters. Permit Required. Rules and Regulations. (a) No promoter shall in any manner whatsoever solicit within the City of Costa Mesa any contribution for any actual or purported charitable use, purpose, association, corporation or institution without a permit from the City Council to do so. (b) Application. To obtain such permit, such promoter shall make and file with the City Council an application therefor in writing. In such application, the applicant shall set forth, in addition to such information as may be required by the City Council: (1) The name and address of the applicant, and if such applicant be a corporation, the name and address of each of its managing officers and agents, and, if it be an unincorporated assoc- iation, firm or partnership, the name and address of each member of such unincorporated association, firm or partnership. (2) A succinct statement of facts showing that the applicant, if not a corporation or an unincorporated firm, assoc- iation or partnership, is of good character and reputation, or if the applicant be a corporation that each of its managing officers and agents is of good character and reputation, or if the applicant be an unincorporated association, firm or partnership, that each of its members is of good character and reputation. (3) The general plan, character and method in or by which applicant proposes to conduct its or his business as a promoter. (c) Bond. (1) At the time of so filing with the City Council an application for such permit, the applicant shall file and thereafter maintain with the City Council a good and sufficient bond in the aggregate sum of two thousand dollars ($2,000.) running to the City - 49 - of Costa Mesa for the use and benefit of interested persons and parties, executed by the applicant and by two (2) or more responsible sureties, or a surety company authorized to do business in the State of California, to be approved by the City Council. The total aggre- gate liability on said bond shall be limited to the payment of Two Thousand Dollars ($2,000.00). Said bond shall be conditioned upon the strict compliance, by the principal, with the provisions of this Chapter and the payment of any direct pecuniary loss sustained, through any act of grand or petty theft on the part of the principal, by any donor or by any person on whose behalf the funds or personal property were solicited or received by the principal. (2) Said bond shall remain in force and effect for the entire period of the permit. The sureties may cancel said bond and be relieved of further liability thereunder by delivering thirty (30) days written notice to the City Council. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of said thirty (30) day period. (3) Any person who sustains any injury covered by said bond may, in addition to any other remedy that he may have, bring an action in his own name upon said bond for the recovery of any damage sustained by him. (4) Upon such action being commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole of such penalty shall be exhausted. The City Council may in its discretion, require the filing of a new bond, and immediately upon the recovery in any action on such bond, such promoter shall file a new bond, and upon failure to file the same within ten (10) days in either case, the City Council shall forthwith suspend such promotorIs permit to solicit. (5) The time within which any action may be brought against a surety upon any bond filed hereunder, may by express provi- sion of the bond to that effect, be limited to a period of two (2) years from and after the discovery, by the person aggrieved, of the act or default complained of. (d) Fee. For filing such appliation the applicant shall pay a fee of twenty-five dollars ($25.00). (e) Investigation. The City Council shall examine the application and shall make such further investigation of the appli- cant and his affairs as the City Council shall deem advisable. If from such examination the City Council shall be satisfied: (1) That the applicant is of good character and reputation; or that every managing officer or agent of the applicant, if the applicant is a corporation, is of good character and reputation; or if the applicant is an unincorporated association, firm or partner- ship, each member thereof is of good character and reputation; and (2) That applicant has sufficient financial respon- sibility to carry out the obligations incidental to any solicitation such applicant may make within the City of Costa Mesa as such promoter and that all of the statements made in such application are -and each of them is true and that neither the applicant nor any officer, agent or member of the applicant has violated any of the provisions of this Chapter, or has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct its business fairly and honestly, the City Council shall issue to the applicant a permit to solicit contributions, as a promoter within the City of Costa Mesa. Otherwise, the City Council shall deny the application and refuse to issue a permit and shall notify the applicant of the decision of the City Council. Provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect applicant's honesty and integrity, and if the inability of the appli- cant to meet any requirement will not in any way interfere with a proper performance by the applicant of his duties as such promoter, the City Council may, in its discretion, waive such ground and grant the application. This provision relates only to paragraphs (1.) and (2,) of this Subsection. (f) Revocation. All permits issued hereunder shall be subject to the condition that the applicant thereafter shall cease and - 51 - desist from acting as -.a promoter within said City of Costa Mesa when ordered so to do by the City Council, if the City Council finds after a hearing that any act or omission of such promoter or his agents or employees in making any solicitation or in the conduct of the business of promoter within the City of Costa Mesa is unfair, unjust, inequitable or fraudulent. The City Council must suspend or revoke any such permit if, after hearing upon notice, the City Council shall find the existence of any of the grounds hereinabove enumerated for the denial of an application for a promoter•'s permit; provided, however, that such suspension or revocation shall be discretionary with the City Council if the only grounds for such revocation is such that it does not affect the permittee's honesty and integrity, or his ability properly to perform his duties as a promoter. (g) Termination. Every such permit shall terminate or expire at the end of the year terminating on the thirtieth (30th) day of June in which such permit is issued. (h) Funds. No promoter shall commingle any contributions with the promoter's own funds or prcperty, or fail at any time to maintain and keep all contributions separate and apart from the pro- moter's own funds or property. ( i) Solicitors. (1) It shall be unlawful for any promoter to cause or permit any person for pecuniary compensation or consideration received or to be received by such person to solicit or receive on his behalf or at his instigation, under his direction or control or in his employment, any contribution unless such person shall be registered as a solicitor by the City Council. (2) Except as provided in Subsections (a)to (i) inclusive, of this Section, no person shall for pecuniary compensation or consider- ation solicit contributions for or on behalf of any other person, charitable association, corporation or institution unless such person be first registered by the City Council. No person shall be so - 52 - registered unless he shall first furnish satisfactory proof to the City Council that he is a person of good character, that his reputa- tion for honesty is good, and unless he first file with the City Council, and thereafter maintain, a bond satisfactory to the City Council and approved by the City Attorney in the sum of Five Hundred Dollars ($500.) conditioned for the payment of any direct pecuniary loss which may be sustained by any donee or by any person, corporation or association on whose behalf anv contribution was solicited or received through any act of grand or petty theft committed by such person. (3) The provisions of paragraphs (2), (3), (4) and (5) of Subsection (e) above, shall apply to bonds filed pursuant to this Subsection. (4) The City of Costa Mesa shall collect a fee of one dollar ($1.00) for each such registration. (5) The registrant must notify the City Council in writing of any change of address, and if the registrant be employed by more than one person, association, corporation or institution, he must inform the City Council in writing of such fact and of any subsequent termination or change of employment. (6) Each registration required by this Subsection shall terminate at midnight of June 30, each year. Thereafter such registrant shall be re -registered by the City Council upon the pay- ment of a fee of One Dollar $1.001, and the posting of a bond in the sum of Five Hundred Dollars ($500.). Such bond shall comply with the requirements of Subsections (2) and (3) hereof. SECTION 9-236: Swap Meet Sales. A Swap Meet, as used in this Chapter, means any event which meets all of the following require- ments: (a) The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible personal property and exhibit it for sale or exchange. - 53 - (b) A fee is charged, payable to the operator or organ- izer of the event, either in the form of a charge for general admis- sion to the place or location where the event is held or a charge for the privilege of exhibiting identifiable, tangible personal property at such event. The charge for exhibiting identifiable, tangible personal property may be a fixed amount or a percentage of all sales made or of the value of all property exchanged. SECTION 9-237: Permit. No person or entity shall estab- lish, organize or conduct a Swap Meet without first obtaining from the City Council of the City of Costa Mesa a permit to do so. Which permit shall be in writing and in a form or forms to be established by the City Council of the City of Costa Mesa. SECTION 9-238: Conditions on Permit. The City Council of the City of Costa Mesa may impose such conditions as it shall find reasonable in the circumstances upon the permittee, said condi- tions to include but no necessarily be limited to the following: (a) No permit shall be granted until the permittee pro- duces satisfactory evidence to the Finance Department that a State Board of Equalization Resale Number has been obtained. (b) The applicant for a permit shall produce satisfactory evidence at the time of the application that adequate and sufficient parking will be provided and the Traffic Engineer and Director of Planning shall make a recommendation to the City Council with respect to said parking. (c) The City Council shall establish as a condition for the granting of the permit the days and hours during the day when the Swap Meet may be conducted. (d) Prior to the granting of any permit hereunder, the applicant shall satisfy the City Council that adequate provisions have been made for a clean-up and that a good state of housekeeping will be maintained. (e) No permit shall be granted to the applicant herein until such time as the fee for said permit hereinafter provided for has been paid. - 54 - (f) As a condition to the granting of the permit, the City Council may upon the recommendation of the Chief of Police.and Fire Chief prohibit the sale or trade of flammable liquids, not including but limited to, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks, acids, caustics or oxidizing agents. (g) No edible or perishable foods, merchandise, live animals or birds shall be offered for sale or trade unless the permit provided for herein so specifies. The City Council shall obtain the recommendation of the County Health Officer with respect to County Health requirements in connection with the sale of such items prior to granting the permit. SECTION 9-239: Grounds for Revocation. The permit granted hereunder may be revoked or temporarily suspended after a hearing of the City Council for any of the following reasons: thereunder. ordinance. (a) Violation of this Chapter for the conditions imposed (b) Violation of any Federal, State or local law or (c) Failure to bar any customer or participant who is in violation of this Chapter or who violates any Federal, State or local law or ordinance. SECTION 9-240: Definitions, Taxicabs. The following words and phrases, when used in this Chapter shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (a) Certificate. A Certificate of Public Convenience and Necessity issued pursuant to this Chapter. (b) Taxicab. Every automobile or motor -propelled vehicle regularly engaged in the business of carrying passengers for hire upon any public street in the City of Costa Mesa and not over a regular or defined route, and irrespective of whether the operation extends 55 - beyond the boundaries of the City or not, excepting vehicles of transportation companies as herein defined. (e) Transportation Companies. Every corporation or person engaged for compensation in the transportation of persons and property over public highways and streets over a regular route, by automobiles, busses, trucks, stage, auto stage, or other motor vehicles. SECTION 9-241: Certificate Required. No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the City, without having first obtained a Certificate of Public Convenience and Necessity. To do so, in accordance with the provisions hereof and without complying with or having complied with all the provisions of this Chapter and such Certificate, shall constitute a violation of this Chapter. SECTION 9-242: Application for Certificate. Required. An application for certificate shall be filed with the Director of Finance upon forms provided by the City, and such application shall be verified and shall furnish the following information: (a) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each. (b) A company schedule of the fares or rates to be charged. (c) A description of every motor vehicle which the appli- cant proposes to use, including trade name, motor and serial number, State license number, and the cab body style. (d) The street number and exact location of the place where the applicant proposes to stand each such taxicab. (e) The distinct color scheme, name, monogram, and insignia which shall be used on each taxicab. (f) The name of the regular and registered owner of each such vehicle. - 56 - (g) If any proposed stand is in the public street, said application shall be accompanied by a written consent thereto of all the occupants of the ground floor or any building or loft in front of which said taxicab is to be located, and for twenty-five (25) feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or loft. (h) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant, and the nature of the transaction or acts giving rise to said judgment. (i) The experience of the applicant in the transportation of passengers. (j) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate. (k) Such further information as the Director of Finance may require. SECTION 9-243: Hearing on Application. Upon receipt of any such application, the Director of Finance shall set a time, not less than ten (10) days or more than thirty (30) days thereafter for the hearing of the application before the City Council, and shall give notice of the time so set at least five (5) days before the date of the hearing, to the applicant by mail, at the address set out in such application, and to all persons to whom Certificates of Public Con- venience and Necessity have been heretofor issued. SECTION 9-244: Issuance of Certificate. At the time set for the hearing of the application, the City Council may examine the applicant and all persons interested in the matter set .forth in the application, and shall determine whether the public interest, conven- ience and necessity require the issuance of the certificate applied for. I.f it is found by the City Council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall, by resolution, order the Director of Finance to issue a certificate in accordance with the application, subject - 57 - to the filing and approval of an undertaking as hereinafter provided in Section, 9-246, and subject to such conditions as may be imposed by said resolution, including the minimum and maximum number of vehicles that may be used. SECTION 9-245: Grounds for Denial. Any of the following reasons shall be sufficient for denial of the certificates: (a) That the application is not in the form and does not contain the information required to be contained therein by this Chapter. (b) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used. (c) That the color scheme, name, monogram, or insignia to be used upon such vehicles shall be in conflict with or imitate any color scheme, name, monogram, or insignia used by such person in such manner as may be deceiving or tend to deceive or defraud the public. (d) That the location of the stand as herein stated is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred (300) feet of any other stand theretofor fixed by the City Council on the same street. (e) That the applicant has at some prior time had such a certificate rejected for reason. (f) That it shall appear to the City Council that there area sufficient number of taxicabs and automobiles for hire in the City, to fully serve the public and that the granting of more cert- ificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the best interests, demand and necessity do not require the issuance of such permit. SECTION 9-246: Liability Insurance Required. The applicant • to whom a certificate shall have been awarded by the City Council as aforesaid shall deliver to the Director of Finance a policy of insurance executed by a company duly authorized under the laws of the State of California to be an insurance business, by the provisions of which - 58 - policy the said company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobiles referred to in said application, provided that the maximum amount for which liability shall be assumed for injury to or for death of one person in any one accident shall be not less than One Hundred Thousand ollars ($100,000.), and for injury to or death of more than one person in any one accident shall be not less than Two Hundred Thousand Dollars ($200,000.), and the maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident shall be not less than Five Thousand Dollars ($5,000.). SECTION 9-247: Grounds for Revocation. Any certificate or permit granted under the provisions of this Chapter may be revoked by the City Council, either as a whole or as to any automobile described therein or as to the right to use any distinctive color, monogram, or insignia, after five (5) days notice to the certificate holder requiring him to appear at a certain time and place to show cause why the cert- ificate shall not be revoked for any of the following reasons: (a) That the undertaking provided for in Section 9-246 has not been given or has been withdrawn or lapsed for non-payment of the premium, or is not in force for any reason. this Code. (b) For the non-payment of any taxes/fees provided by (c) Failure to obey any of the rules or regulations or provisions set out in this Chapter or in the certificate. (d) For the violation of any of the laws of the State of California or ordinances of the City by any certificate holder, oper- ator or driver of any taxicab covered by such certificate. (e) For failure to maintain satisfactory service to the public by means of any of the vehicles described in the application, or for failure to keep any such vehicle in use for an unreasonable length of time, or for failure to use the distinctive coloring, monogram, or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application. - 59 - (f) For any cause which, in the opinion of the City Council, makes it contrary to the public interest, convenience, and necessity for the certificate or permit to be continued. SECTION 9-248: Application and Permission to Change. In the event any certificate holder desires to change his schedule of rates or charges, or the color scheme, or any monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used as taxicabs, application to the City Council shall be made for permission to do so, and the City Council shall grant such permission if it deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions in this Chapter. SECTION 9-249: Taxicab Stands. The City Council may, by resolution, specify stands at which such taxicabs may be parked, pursuant to the provisions of any ordinance or law now in effect or that may be hereafter enacted governing the parking of motor vehicles within the City, and may, by such resolution, specify the nature and extent of the use to which such stands may be devoted. Said stands shall consist of one car space, to be marked off, painted, and reserved for such taxicabs only. SECTION 9-250: Refusal to Pay Fare. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same, with the intent to defraud the person from whom it is hired. SECTION 9-251: Rules and Regulations. The following rules and regulations shall be observed by all persons operating taxicabs: (a) Distinctive hat. Any person driving a taxicab shall wear a distinctive hat with a badge in plain sight, inscribed with the name of the person to whom the certificate has been issued. (b) Insurance. No taxicab shall be operated in the City unless the undertaking provided for in Section 9-246 of this Chapter is in full force and effect. .M (c) Standing Public Street. No taxicab shall remain standing upon any portion of any public street.within the City, except for loading and unloading passengers, and then not for a period of more than five (5) minutes, excepting at such stands as may be designated by the City Council. This Subsection shall not apply to any taxicab while the same is engaged by and being paid for by a passenger. (d) Consent of Passengers. No operator or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged, or while in use for another passenger, without the consent of the passenger first engaging the same has first been obtained. A passenger or passengers engaging such taxi- cabs shall have the exclusive right to full and free use of the passenger compartment and the whole thereof, if he desires the same. (e) Safe, Direct Carriage. The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route. (f) Mechanical Condition. All taxicabs shall be keot in good mechanical condition. (g) Driver's License and Permit. No person shall drive a taxicab in the City without first having obtained a California Class II drivers license; also, a City of Costa Mesa taxicab driver's permit, issued in writing by the Chief of Police of the City, as provided in this Chapter. (h) Posting Necessary Information. Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of said vehicle; also a card bearing the driver's name and address as herinafter provided, and another card bearing the owner's name, address and telephone number, the cab number, and the City Police Department telephone number, all contained in a small, metal container or holder, at least three (3) by four (4) inches in size and placed in a conspicuous place in the passenger compartment. (i) Charge. No charge shall be made by any operator or owner of a taxicab lower than or in excess of the rates posted in the - 61 - Passenger compartment of said car and approved by the City Council. (j) Clean Compartment. No taxicab shall be operated unless the passenger compartment be kept clean and in sanitary con- dition. (1) Fire. Extinguisher. Every taxicab shall be equipped at all times with a standard type fire extinguisher in good working condition. (1) Operating Without a License. No person shall solicit, or pick up passengers for pay within the City of Costa Mesa for transportation in any cab, taxicab, automobile, station wagon, or bus, not permitted by and carrying a certificate to do so from and by the City Council, excepting only busses operating under authority of the Public Utilities Commission. SECTION 9-252: Driver's Permit Requirements. No person shall drive or operate a taxicab in the City without first obtaining a permit in writing to do so from the Chief of Police. Any person desiring to obtain such driver's permit shall make a written appli- cation therefor to the Chief of Police accompanied by a fee of Fifteen Dollars ($15.00). No permit shall be issued to any person under the age of eighteen (18) years, or to any person who has been convicted of a felony or to any person who within a period of two (2) years, immediately preceding such application, has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or convicted of any of the provisions of the Alcoholic Beverage Control Act of the State of California, or to any person who is for any reason whatsoever unable or incompetent to safety handle such automobile. Any falsification on the application for said permit will be grounds for the refusal of the said permit. (a) Personal Appearance. Before a permit is granted to any applicant, said applicant shall present himself to the Police Department, furnish an acceptable photograph and be fingerprinted, and such photographs and fingerprints shall be filed with the perma- nent records of said Police Department. (b) Identification Card. Upon obtaining the permit, the 62 driver or operator shall at all times keep posted in full view in the vehicle operated by him, an identification card not less than four (4) by six (6) inches in size, furnished by the Chief of Police which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. (c) Expiration of Permit. All permits to operate a taxi- cab shall expire one (1) year from the date of issue. Applications for renewal shall be made within thirty (30) days before the date of expiration of said permit. If so made within the period prescribed, the renewal shall be made without charge. Said permits are personal and not transferable. (d) Revocation. The Chief of Police may revoke or suspend any driver's permit so issued for any violation of the provisions of this Chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was made for such permit or came into existence thereafter. (e) Appeal. In the event of a refusal, revocation or suspension of any driver's permit by the Chief of Police, the appli- cant or permittee may appeal from the decision to the City Council which may in its discretion affirm, reverse or modify the rule made by the Chief of Police. SECTION 9-253: Taxicab Numbers. Every certificate holder shall designate each of his taxicabs by number, and no two (2) taxi- cabs of any certificate holder shall be designated by the same number. The name or trade name of certificate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. SECTION 9-254: Permit and Certificate Non -Transferable. .No certificate or permit issued under the terms of this Chapter shall - 63 - rj r be transferable either by contract or operation of law without the permission of the City Council having been first obtained, any such attempted transfer shall be sufficient cause of revocation thereof. SECTION 9-255: Filing Fee. An application as required by this Chapter shall be accompanied by a filing fee of One Hundred Fifty Dollars ($150.00) plus Twenty -Five Dollars ($25.00) for each taxicab which applicant proposes to operate within the City, to cover the administrative cost to the City of processing the appli- cation. SECTION 9-256: Validity. If any Section, Sub -Section, sentence, clause or phrase of this ordinance is held to be invalid for any reason, such invalidity shall not affect the validity of any other provision of this Ordinance. The City Council of the City of Costa Mesa declares that the provisions of this Ordinance are sepa- rable and that it would have passed this Ordinance and each and every Section, Sub -section, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid. SECTION 9-257: Penalty. Any violation of the provisions of this Ordinance shall be deemed a misdemeanor and shall be Dunish- able in accordance with the provisions of Section 1-33 of the Costa Mesa Municipal Code. SECTION III: Sections 9-41 and 9-42 and Chapters IV through and including Chapter XV of the Costa Mesa Municipal Code are hereby repealed. Chapter XVI is hereby renumbered as Chapter V. SECTION IV: This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of 19.14 7S Mayor of t o sa - 64 - r ATTEST: City Clerk of the City of Co a Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certified that the above and foregoing Ordinance No.7 -- was introduced and considered Section by Section at a regular meeting of said City Council held on the /' day of __A& SLA&-,) , 19 7(1- and thereafter passed and a opted as a whole at a regular meeting of said City Council held on the day of 19 79' . AYES: Council members to'As.�, . wN.►.��� ��•.� NOES: Council members,7t47..t ABSENT: Council members: hover IN WITNESS WHEREOF, I have hereby set my had and affixed the Seal of the City of Costa Mesa, this day of 19 7,$�. City Clerk and ex -officio C1)et-k. of the City Council of the City of .r Costa Mesa - 65 -